Elder Justice Act - Amends the Social Security Act (SSA) to establish an Elder Justice program under title XX (Block Grants to States for Social Services).
Establishes within the Office of the Secretary of Health and Human Services (HHS) an Elder Justice Coordinating Council (EJCC).
Establishes the Advisory Board on Elder Abuse, Neglect, and Exploitation.
Directs the Secretary to make grants to eligible entities to establish stationary and mobile forensic centers, to develop forensic expertise regarding, and provide services relating to, elder abuse, neglect, and exploitation.
Directs the Secretary to provide incentives for individuals to train for, seek, and maintain employment providing direct care in a long-term care (LTC) facility.
Directs the Secretary to make grants to LTC facilities to: (1) offer continuing training and varying levels of certification to employees who provide direct care to LTC facility residents; and (2) provide bonuses or other benefits to employees who achieve certification.
Authorizes the Secretary to make grants to assist LTC facilities in offsetting the costs for standardized clinical health care informatics systems designed to improve patient safety and reduce adverse events and health care complications resulting from medication errors.
Directs the Secretary to ensure that HHS: (1) provides funding to state and local adult protective services services offices that investigate reports of elder abuse, neglect, and exploitation; and (2) collects and disseminates related data in coordination with the Department of Justice.
Establishes a program of annual adult protective services grants to states.
Directs the Secretary to make grants to eligible entities to: (1) improve the capacity of state LTC ombudsman programs to respond to and resolve abuse and neglect complaints; and (2) conduct pilot programs with state or local LTC ombudsman offices.
Directs the Secretary to establish programs to provide and improve ombudsman training for national organizations and state LTC ombudsman programs.
Amends part A of SSA title XI to require each individual owner, operator, employee, manager, agent, or contractor of an LTC facility receiving certain federal support to report to the Secretary and local law enforcement entities any reasonable suspicion of crimes occurring in such facility.
Requires the owner or operator of such an LTC facility to notify the Secretary and the appropriate state regulatory agency of a facility's impending closure, as well as a plan for the transfer and adequate relocation of facility residents.
Directs the Secretary to study and report to the EJCC and appropriate congressional committees on establishing a national nurse aide registry.
Directs the Attorney General to: (1) study and report to the EJCC, the Advisory Board, and Congress on state laws and practices relating to elder abuse, neglect, and exploitation; and (2) develop and implement a long-term plan for elder justice programs and related activities.
Authorizes the Attorney General to award advocacy grants for study of elder abuse victim needs.
Directs the Attorney General to award grants to provide training and other types of support to local and state prosecutors as well as police and other front line law enforcement responders handling elder justice-related cases.
Requires increased Department of Justice support for federal cases involving elder justice.
Amends the Internal Revenue Code to create a long-term care facility worker employment tax credit.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1783 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 1783
To amend the Social Security Act to enhance the social security of the
Nation by ensuring adequate public-private infrastructure and to
resolve to prevent, detect, treat, intervene in, and prosecute elder
abuse, neglect, and exploitation, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 29, 2007
Mr. Emanuel (for himself and Mr. King of New York) introduced the
following bill; which was referred to the Committee on Ways and Means,
and in addition to the Committees on the Judiciary, Energy and
Commerce, and Education and Labor, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Social Security Act to enhance the social security of the
Nation by ensuring adequate public-private infrastructure and to
resolve to prevent, detect, treat, intervene in, and prosecute elder
abuse, neglect, and exploitation, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Elder Justice
Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purposes.
TITLE I--DEPARTMENT OF HEALTH AND HUMAN SERVICES
Sec. 101. Definitions.
Sec. 102. Elder Justice.
``Part A--Block Grants to States for Social Services
``Part B--Elder Justice
``Sec. 2011. Definitions.
``Sec. 2012. General provisions.
``Subpart 1--National Coordination of Elder Justice Activities and
Research
``Chapter I--Elder Justice Coordinating Council and Advisory Board on
Elder Abuse, Neglect, and Exploitation
``Sec. 2021. Elder Justice Coordinating Council.
``Sec. 2022. Advisory Board on Elder Abuse, Neglect, and
Exploitation.
``Sec. 2023. Research protections.
``Sec. 2024. Authorization of appropriations.
``Chapter II--Elder Abuse, Neglect, and Exploitation Forensic Centers
``Sec. 2031. Establishment and support of elder abuse, neglect,
and Exploitation forensic Centers.
``Subpart 2--Programs to Promote Elder Justice
``Sec. 2041. Enhancement of long-term care.
``Sec. 2042. Adult protective services functions and grant
programs.
``Sec. 2043. Long-term care ombudsman program grants and
training.
``Sec. 2044. Provision of information regarding, and
evaluations of, elder justice programs.
``Sec. 2045. Report.
``Sec. 1150A. Reporting to law enforcement of crimes occurring
in federally funded long-Term care
facilities.
``Sec. 1150B. Ensuring safety of residents when federally
funded Long-Term care facilities close.
TITLE II--DEPARTMENT OF JUSTICE
Sec. 201. Model State laws and practices.
Sec. 202. Elder justice plan and strategy.
Sec. 203. Victim advocacy grants.
Sec. 204. Supporting local prosecutors in elder justice matters.
Sec. 205. Supporting State prosecutors in elder justice matters.
Sec. 206. Increased support for Federal cases involving elder justice.
Sec. 207. Supporting law enforcement in elder justice matters.
Sec. 208. Evaluations.
TITLE III--TAX PROVISIONS
Sec. 301. Long-Term care facility worker employment tax credit.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The proportion of the United States population age 60
years or older will drastically increase in the next 30 years
as more than 76,000,000 baby boomers approach retirement and
old age.
(2) Each year, anywhere between 500,000 and 5,000,000
elders in the United States are abused, neglected, or
exploited.
(3) Elder abuse, neglect, and exploitation have no
boundaries, and cross all racial, social class, gender, and
geographic lines.
(4) Victims of elder abuse, neglect, and exploitation are
not only subject to injury from mistreatment and neglect, they
are also 3.1 times more likely than elders who were not victims
of elder abuse, neglect, and exploitation to die at an earlier
age than expected.
(5) There is a general dearth of data as to the nature and
scope of elder abuse, neglect, and exploitation. In recognition
of the need to improve data collection efforts with respect to
elder abuse, neglect, and exploitation, Congress required the
Secretary of Health and Human Services to conduct a study by
the end of 2008 on establishing a uniform national database on
elder abuse under section 405 of title IV of Division C of the
Tax Relief and Health Care Act of 2006 (Public Law 109-432).
(6) Despite the dearth of data in the field, experts agree
that most cases of elder abuse, neglect, and exploitation are
never reported and that abuse, neglect, and exploitation
shorten a victim's life, often triggering a downward spiral of
an otherwise productive, self-sufficient elder's life. Programs
addressing other difficult issues such as domestic violence and
child abuse and neglect have demonstrated the need for a
multifaceted law, combining public health, social service, and
law enforcement approaches.
(7) For over 20 years, Congress has been presented with
facts and testimony calling for a coordinated Federal effort to
combat elder abuse, neglect, and exploitation.
(8) The Federal Government has been slow to respond to the
needs of victims of elder abuse, neglect, and exploitation or
to undertake prevention efforts.
(9) No Federal law has been enacted that adequately and
comprehensively addresses the issues of elder abuse, neglect,
and exploitation and there are very limited resources available
to those in the field that directly deal with the issues.
(10) Differences in State laws and practices in the areas
of elder abuse, neglect, and exploitation lead to significant
disparities in prevention, protective and social services,
treatment systems, and law enforcement, and lead to other
inequities.
(11) The Federal Government has played an important role in
promoting research, training, public safety, and data
collection, and the identification, development, and
dissemination of promising health care, social, and protective
services, and law enforcement practices, relating to child
abuse and neglect, domestic violence, and violence against
women. The Federal Government should promote similar efforts
and protections relating to elder abuse, neglect, and
exploitation.
(12) The Federal Government should provide leadership and
assist States and communities in their efforts to protect
elders in the United States by--
(A) promoting coordinated planning among all levels
of government;
(B) generating and sharing knowledge relevant to
protecting elders;
(C) providing leadership to combat the abuse,
neglect, and exploitation of the Nation's elders; and
(D) providing resources to States and communities
to promote elder justice.
(13) The problem of elder abuse, neglect, and exploitation
requires a comprehensive approach that--
(A) integrates the work of health, legal, and
social service agencies and organizations;
(B) emphasizes the need for prevention, reporting,
investigation, assessment, treatment, and prosecution
of elder abuse, neglect, and exploitation at all levels
of government;
(C) ensures that sufficient numbers of properly
trained personnel with specialized knowledge are in
place to--
(i) treat, assess, and provide services
relating to elder abuse, neglect, and
exploitation; and
(ii) carry out elder protection duties;
(D) is sensitive to ethnic and cultural diversity;
(E) recognizes the role of mental health,
disability, dementia, substance abuse, medication
mismanagement, and family dysfunction problems in
increasing and exacerbating elder abuse, neglect, and
exploitation; and
(F) balances elders' right to self-determination
with society's responsibility to protect elders.
(14) The human, social, and economic cost of elder abuse,
neglect, and exploitation is high and includes unnecessary
expenditures of funds from many public programs.
(15) The failure to coordinate activities relating to, and
comprehensively prevent and treat, elder abuse, neglect, and
exploitation threatens the future and well-being of millions of
elders in the United States.
(16) All elements of society in the United States have a
shared responsibility in responding to a national problem of
elder abuse, neglect, and exploitation.
SEC. 3. PURPOSES.
The purposes of this Act are as follows:
(1) To enhance the social security of the Nation by
ensuring adequate public-private infrastructure and resolving
to prevent, detect, treat, understand, and intervene in, and
where appropriate, aid in the prosecution of, elder abuse,
neglect, and exploitation.
(2) To bring a comprehensive approach to preventing and
combating elder abuse, neglect, and exploitation, a long
invisible problem that afflicts the most vulnerable among the
aging population of the United States.
(3) To raise the issue of elder abuse, neglect, and
exploitation to national attention, and to create the
infrastructure at the Federal, State, and local levels, to
ensure that individuals and organizations on the front lines,
who are fighting elder abuse, neglect, and exploitation with
scarce resources and fragmented systems, have the resources and
information needed to carry out their fight.
(4) To bring a comprehensive multidisciplinary approach to
elder justice.
(5) To set in motion research and data collection to fill
gaps in knowledge about elder abuse, neglect, and exploitation.
(6) To supplement the activities of service providers and
programs, to enhance training, and to leverage scarce resources
efficiently, in order to ensure that elder justice receives the
attention it deserves as the Nation's population ages.
(7) To recognize and address the role of mental health,
disability, dementia, substance abuse, medication
mismanagement, and family dysfunction problems in increasing
and exacerbating elder abuse, neglect, and exploitation.
(8) To create short- and long-term strategic plans for the
development and coordination of elder justice research,
programs, studies, training, and other efforts nationwide.
(9) To promote collaborative efforts and diminish overlap
and gaps in efforts in developing the important field of elder
justice.
(10) To honor and respect the right of all individuals with
diminished capacity to decisionmaking autonomy, self-
determination, and dignity of choice.
(11) To respect the wishes of individuals with diminished
capacity and their family members in providing supportive
services and care plans intended to protect elders from abuse,
neglect (including self-neglect), and exploitation.
TITLE I--DEPARTMENT OF HEALTH AND HUMAN SERVICES
SEC. 101. DEFINITIONS.
Except as otherwise specifically provided, any term that is defined
in section 2011 of the Social Security Act (as added by section 102(a))
and is used in this title has the meaning given such term by such
section.
SEC. 102. ELDER JUSTICE.
(a) Elder Justice.--
(1) In general.--Title XX of the Social Security Act (42
U.S.C. 1397 et seq.) is amended--
(A) in the title heading, by inserting ``AND ELDER
JUSTICE'' after ``SOCIAL SERVICES'';
(B) by inserting before section 2001 the following:
``Part A--Block Grants to States for Social Services'';
and
(C) by adding at the end the following:
``Part B--Elder Justice
``SEC. 2011. DEFINITIONS.
``In this part:
``(1) Abuse.--The term `abuse' means the knowing infliction
of physical or psychological harm or the knowing deprivation of
goods or services that are necessary to meet essential needs or
to avoid physical or psychological harm.
``(2) Adult protective services.--The term `adult
protective services' means such services provided to adults as
the Secretary may specify and includes services such as--
``(A) disseminating reports of adult abuse,
neglect, or exploitation;
``(B) investigating the reports described in
subparagraph (A);
``(C) case planning, monitoring, evaluation, and
other case work and services; and
``(D) providing, arranging for, or facilitating the
provision of medical, social service, economic, legal,
housing, law enforcement, or other protective,
emergency, or support services.
``(3) Caregiver.--The term `caregiver' means an individual
who has the responsibility for the care of an elder, either
voluntarily, by contract, by receipt of payment for care, or as
a result of the operation of law, and means a family member or
other individual who provides (on behalf of such individual or
of a public or private agency, organization, or institution)
compensated or uncompensated care to an elder who needs
supportive services in any setting.
``(4) Direct care.--The term `direct care' means care by an
employee or contractor who provides assistance or long-term
care services to a recipient.
``(5) Elder.--The term `elder' means an individual age 60
or older.
``(6) Elder justice.--The term `elder justice' means--
``(A) from a societal perspective, efforts to--
``(i) prevent, detect, treat, intervene in,
and prosecute elder abuse, neglect, and
exploitation; and
``(ii) protect elders with diminished
capacity while maximizing their autonomy; and
``(B) from an individual perspective, the
recognition of an elder's rights, including the right
to be free of abuse, neglect, and exploitation.
``(7) Eligible entity.--The term `eligible entity' means a
State or local government agency, Indian tribe or tribal
organization, or any other public or private entity that is
engaged in and has expertise in issues relating to elder
justice or in a field necessary to promote elder justice
efforts.
``(8) Exploitation.--The term `exploitation' means the
fraudulent or otherwise illegal, unauthorized, or improper act
or process of an individual, including a caregiver or
fiduciary, that uses the resources of an elder for monetary or
personal benefit, profit, or gain, or that results in depriving
an elder of rightful access to, or use of, benefits, resources,
belongings, or assets.
``(9) Fiduciary.--The term `fiduciary'--
``(A) means a person or entity with the legal
responsibility--
``(i) to make decisions on behalf of and
for the benefit of another person; and
``(ii) to act in good faith and with
fairness; and
``(B) includes a trustee, a guardian, a
conservator, an executor, an agent under a financial
power of attorney or health care power of attorney, or
a representative payee.
``(10) Grant.--The term `grant' includes a contract,
cooperative agreement, or other mechanism for providing
financial assistance.
``(11) Guardianship.--The term `guardianship' means--
``(A) the process by which a State court determines
that an adult individual lacks capacity to make
decisions about self-care and property, and appoints
another individual or entity known as a guardian, as a
conservator, or by a similar term, as a surrogate
decisionmaker;
``(B) the manner in which the court-appointed
surrogate decisionmaker carries out duties to the
individual and the court; or
``(C) the manner in which the court exercises
oversight of the surrogate decisionmaker.
``(12) Indian tribe.--
``(A) In general.--The term `Indian tribe' has the
meaning given such term in section 4 of the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 450b).
``(B) Inclusion of pueblo and rancheria.--The term
`Indian tribe' includes any Pueblo or Rancheria.
``(13) Law enforcement.--The term `law enforcement' means
the full range of potential responders to elder abuse, neglect,
and exploitation including--
``(A) police, sheriffs, detectives, public safety
officers, and corrections personnel;
``(B) prosecutors;
``(C) medical examiners;
``(D) investigators; and
``(E) coroners.
``(14) Long-term care.--
``(A) In general.--The term `long-term care' means
supportive and health services specified by the
Secretary for individuals who need assistance because
the individuals have a loss of capacity for self-care
due to illness, disability, or vulnerability.
``(B) Loss of capacity for self-care.--For purposes
of subparagraph (A), the term `loss of capacity for
self-care' means an inability to engage in 1 or more
activities of daily living, including eating, dressing,
bathing, and management of one's financial affairs.
``(15) Long-term care facility.--The term `long-term care
facility' means a residential care provider that arranges for,
or directly provides, long-term care.
``(16) Neglect.--The term `neglect' means--
``(A) the failure of a caregiver or fiduciary to
provide the goods or services that are necessary to
maintain the health or safety of an elder; or
``(B) self-neglect.
``(17) Nursing facility.--
``(A) In general.--The term `nursing facility' has
the meaning given such term under section 1919(a).
``(B) Inclusion of skilled nursing facility.--The
term `nursing facility' includes a skilled nursing
facility (as defined in section 1819(a))
``(18) Self-neglect.--The term `self-neglect' means an
adult's inability, due to physical or mental impairment or
diminished capacity, to perform essential self-care tasks
including--
``(A) obtaining essential food, clothing, shelter,
and medical care;
``(B) obtaining goods and services necessary to
maintain physical health, mental health, or general
safety; or
``(C) managing one's own financial affairs.
``(19) Serious bodily injury.--
``(A) In general.--The term `serious bodily injury'
means an injury--
``(i) involving extreme physical pain;
``(ii) involving substantial risk of death;
``(iii) involving protracted loss or
impairment of the function of a bodily member,
organ, or mental faculty; or
``(iv) requiring medical intervention such
as surgery, hospitalization, or physical
rehabilitation.
``(B) Criminal sexual abuse.--Serious bodily injury
shall be considered to have occurred if the conduct
causing the injury is conduct described in section 2241
(relating to aggravated sexual abuse) or 2242 (relating
to sexual abuse) of title 18, United States Code, or
any similar offense under State law.
``(20) Social.--The term `social', when used with respect
to a service, includes adult protective services.
``(21) State legal assistance developer.--The term `State
legal assistance developer' means an individual described in
section 731 of the Older Americans Act of 1965.
``(22) State long-term care ombudsman.--The term `State
Long-Term Care Ombudsman' means the State Long-Term Care
Ombudsman described in section 712(a)(2) of the Older Americans
Act of 1965.
``SEC. 2012. GENERAL PROVISIONS.
``(a) Protection of Privacy.--In pursuing activities under this
part, the Secretary shall ensure the protection of individual health
privacy consistent with the regulations promulgated under section
264(c) of the Health Insurance Portability and Accountability Act of
1996 and applicable State and local privacy regulations.
``(b) Rule of Construction.--Nothing in this part shall be
construed to interfere with or abridge an elder's right to practice his
or her religion through reliance on prayer alone for healing when this
choice--
``(1) is contemporaneously expressed, either orally or in
writing, with respect to a specific illness or injury which the
elder has at the time of the decision by an elder who is
competent at the time of the decision;
``(2) is previously set forth in a living will, health care
proxy, or other advance directive document that is validly
executed and applied under State law; or
``(3) may be unambiguously deduced from the elder's life
history.
``Subpart 1--National Coordination of Elder Justice Activities and
Research
``CHAPTER I--ELDER JUSTICE COORDINATING COUNCIL AND ADVISORY BOARD ON
ELDER ABUSE, NEGLECT, AND EXPLOITATION
``SEC. 2021. ELDER JUSTICE COORDINATING COUNCIL.
``(a) Establishment.--There is established within the Office of the
Secretary an Elder Justice Coordinating Council (in this section
referred to as the `Council').
``(b) Membership.--
``(1) In general.--The Council shall be composed of the
following members:
``(A) The Secretary (or the Secretary's designee).
``(B) The Attorney General (or the Attorney
General's designee).
``(C) The head of each Federal department or agency
or other governmental entity identified by the Chair
referred to in subsection (d) as having
responsibilities, or administering programs, relating
to elder abuse, neglect, and exploitation.
``(2) Requirement.--Each member of the Council shall be an
officer or employee of the Federal Government.
``(c) Vacancies.--Any vacancy in the Council shall not affect its
powers, but shall be filled in the same manner as the original
appointment was made.
``(d) Chair.--The member described in subsection (b)(1)(A) shall be
Chair of the Council.
``(e) Meetings.--The Council shall meet at least 2 times per year,
as determined by the Chair.
``(f) Duties.--
``(1) In general.--The Council shall make recommendations
to the Secretary for the coordination of activities of the
Department of Health and Human Services, the Department of
Justice, and other relevant Federal, State, local, and private
agencies and entities, relating to elder abuse, neglect, and
exploitation and other crimes against elders.
``(2) Report.--Not later than the date that is 2 years
after the date of enactment of the Elder Justice Act and every
2 years thereafter, the Council shall submit to the Committee
on Finance of the Senate and the Committee on Ways and Means
and the Committee on Energy and Commerce of the House of
Representatives a report that--
``(A) describes the activities and accomplishments
of, and challenges faced by--
``(i) the Council; and
``(ii) the entities represented on the
Council; and
``(B) makes such recommendations for legislation,
model laws, or other action as the Council determines
to be appropriate.
``(g) Powers of the Council.--
``(1) Information from federal agencies.--Subject to the
requirements of section 2012(a), the Council may secure
directly from any Federal department or agency such information
as the Council considers necessary to carry out this section.
Upon request of the Chair of the Council, the head of such
department or agency shall furnish such information to the
Council.
``(2) Postal services.--The Council may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
``(h) Travel Expenses.--The members of the Council shall not
receive compensation for the performance of services for the Council.
The members shall be allowed travel expenses, including per diem in
lieu of subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States Code, while
away from their homes or regular places of business in the performance
of services for the Council. Notwithstanding section 1342 of title 31,
United States Code, the Secretary may accept the voluntary and
uncompensated services of the members of the Council.
``(i) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Council without reimbursement, and such
detail shall be without interruption or loss of civil service status or
privilege.
``(j) Status as Permanent Council.--Section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the Council.
``SEC. 2022. ADVISORY BOARD ON ELDER ABUSE, NEGLECT, AND EXPLOITATION.
``(a) Establishment.--There is established a board to be known as
the `Advisory Board on Elder Abuse, Neglect, and Exploitation' (in this
section referred to as the `Advisory Board') to create short- and long-
term multidisciplinary strategic plans for the development of the field
of elder justice and to make recommendations to the Elder Justice
Coordinating Council established under section 2021.
``(b) Composition.--The Advisory Board shall be composed of 27
members appointed by the Secretary from among members of the general
public who are individuals with experience and expertise in elder
abuse, neglect, and exploitation prevention, detection, treatment,
intervention, or prosecution.
``(c) Solicitation of Nominations.--The Secretary shall publish a
notice in the Federal Register soliciting nominations for the
appointment of members of the Advisory Board under subsection (b).
``(d) Terms.--
``(1) In general.--Each member of the Advisory Board shall
be appointed for a term of 3 years, except that, of the members
first appointed--
``(A) 9 shall be appointed for a term of 3 years;
``(B) 9 shall be appointed for a term of 2 years;
and
``(C) 9 shall be appointed for a term of 1 year.
``(2) Vacancies.--
``(A) In general.--Any vacancy on the Advisory
Board shall not affect its powers, but shall be filled
in the same manner as the original appointment was
made.
``(B) Filling unexpired term.--An individual chosen
to fill a vacancy shall be appointed for the unexpired
term of the member replaced.
``(3) Expiration of terms.--The term of any member shall
not expire before the date on which the member's successor
takes office.
``(e) Election of Officers.--The Advisory Board shall elect a Chair
and Vice Chair from among its members. The Advisory Board shall elect
its initial Chair and Vice Chair at its initial meeting.
``(f) Duties.--
``(1) Enhance communication on promoting quality of, and
preventing abuse and neglect in, long-term care.--The Advisory
Board shall develop collaborative and innovative approaches to
improve the quality of, including preventing abuse and neglect
in, long-term care.
``(2) Collaborative efforts to develop consensus around the
management of certain quality-related factors.--
``(A) In general.--The Advisory Board shall
establish multidisciplinary panels to address, and
develop consensus on, subjects relating to improving
the quality of long-term care. At least 1 such panel
shall address, and develop consensus on, methods for
managing resident-to-resident abuse in long-term care.
``(B) Activities conducted.--The multidisciplinary
panels established under subparagraph (A) shall examine
relevant research and data, identify best practices
with respect to the subject of the panel, determine the
best way to carry out those best practices in a
practical and feasible manner, and determine an
effective manner of distributing information on such
subject.
``(3) Report.--Not later than the date that is 18 months
after the date of enactment of the Elder Justice Act, and
annually thereafter, the Advisory Board shall prepare and
submit to the Elder Justice Coordinating Council, the Committee
on Finance of the Senate, and the Committee on Ways and Means
and the Committee on Energy and Commerce of the House of
Representatives a report containing--
``(A) information on the status of Federal, State,
and local public and private elder justice activities;
``(B) recommendations (including recommended
priorities) regarding--
``(i) elder justice programs, research,
training, services, practice, enforcement, and
coordination;
``(ii) coordination between entities
pursuing elder justice efforts and those
involved in related areas that may inform or
overlap with elder justice efforts, such as
activities to combat violence against women and
child abuse and neglect; and
``(iii) activities relating to adult
fiduciary systems, including guardianship and
other fiduciary arrangements;
``(C) recommendations for specific modifications
needed in Federal and State laws (including
regulations) or for programs, research, and training to
enhance prevention, detection, and treatment (including
diagnosis) of, intervention in (including investigation
of), and prosecution of elder abuse, neglect, and
exploitation;
``(D) recommendations on methods for the most
effective coordinated national data collection with
respect to elder justice, and elder abuse, neglect, and
exploitation; and
``(E) recommendations for a multidisciplinary
strategic plan to guide the effective and efficient
development of the field of elder justice.
``(g) Powers of the Advisory Board.--
``(1) Information from federal agencies.--Subject to the
requirements of section 2012(a), the Advisory Board may secure
directly from any Federal department or agency such information
as the Advisory Board considers necessary to carry out this
section. Upon request of the Chair of the Advisory Board, the
head of such department or agency shall furnish such
information to the Advisory Board.
``(2) Sharing of data and reports.--The Advisory Board may
request from any entity pursuing elder justice activities under
the Elder Justice Act or an amendment made by that Act, any
data, reports, or recommendations generated in connection with
such activities.
``(3) Postal services.--The Advisory Board may use the
United States mails in the same manner and under the same
conditions as other departments and agencies of the Federal
Government.
``(h) Travel Expenses.--The members of the Advisory Board shall not
receive compensation for the performance of services for the Advisory
Board. The members shall be allowed travel expenses for up to 4
meetings per year, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter 57
of title 5, United States Code, while away from their homes or regular
places of business in the performance of services for the Advisory
Board. Notwithstanding section 1342 of title 31, United States Code,
the Secretary may accept the voluntary and uncompensated services of
the members of the Advisory Board.
``(i) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Advisory Board without reimbursement,
and such detail shall be without interruption or loss of civil service
status or privilege.
``(j) Status as Permanent Advisory Committee.--Section 14 of the
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the
advisory board.
``SEC. 2023. RESEARCH PROTECTIONS.
``(a) Guidelines.--The Secretary shall promulgate guidelines to
assist researchers working in the area of elder abuse, neglect, and
exploitation, with issues relating to human subject protections.
``(b) Definition of Legally Authorized Representative for
Application of Regulations.--For purposes of the application of subpart
A of part 46 of title 45, Code of Federal Regulations, to research
conducted under this chapter the term `legally authorized
representative' means, unless otherwise provided by law, the individual
or judicial or other body authorized under the applicable law to
consent to medical treatment on behalf of another person.
``SEC. 2024. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
chapter--
``(1) for fiscal year 2008, $6,500,000; and
``(2) for each of fiscal years 2009 through 2011,
$7,000,000.
``CHAPTER II--ELDER ABUSE, NEGLECT, AND EXPLOITATION FORENSIC CENTERS
``SEC. 2031. ESTABLISHMENT AND SUPPORT OF ELDER ABUSE, NEGLECT, AND
EXPLOITATION FORENSIC CENTERS.
``(a) In General.--The Secretary, in consultation with the Attorney
General, shall make grants to eligible entities to establish and
operate stationary and mobile forensic centers, to develop forensic
expertise regarding, and provide services relating to, elder abuse,
neglect, and exploitation.
``(b) Stationary Forensic Centers.--The Secretary shall make 4 of
the grants described in subsection (a) to institutions of higher
education with demonstrated expertise in forensics or commitment to
preventing or treating elder abuse, neglect, or exploitation, to
establish and operate stationary forensic centers.
``(c) Mobile Centers.--The Secretary shall make 6 of the grants
described in subsection (a) to appropriate entities to establish and
operate mobile forensic centers.
``(d) Authorized Activities.--
``(1) Development of forensic markers and methodologies.--
An eligible entity that receives a grant under this section
shall use funds made available through the grant to assist in
determining whether abuse, neglect, or exploitation occurred
and whether a crime was committed and to conduct research to
describe and disseminate information on--
``(A) forensic markers that indicate a case in
which elder abuse, neglect, or exploitation may have
occurred; and
``(B) methodologies for determining, in such a
case, when and how health care, emergency service,
social and protective services, and legal service
providers should intervene and when the providers
should report the case to law enforcement authorities.
``(2) Development of forensic expertise.--An eligible
entity that receives a grant under this section shall use funds
made available through the grant to develop forensic expertise
regarding elder abuse, neglect, and exploitation in order to
provide medical and forensic evaluation, therapeutic
intervention, victim support and advocacy, case review, and
case tracking.
``(3) Collection of evidence.--The Secretary, in
coordination with the Attorney General, shall use data made
available by grant recipients under this section to develop the
capacity of geriatric health care professionals and law
enforcement to collect forensic evidence, including collecting
forensic evidence relating to a potential determination of
elder abuse, neglect, or exploitation.
``(e) Application.--To be eligible to receive a grant under this
section, an entity shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) for fiscal year 2008, $4,000,000;
``(2) for fiscal year 2009, $6,000,000; and
``(3) for each of fiscal years 2010 and 2011, $8,000,000.
``Subpart 2--Programs to Promote Elder Justice
``SEC. 2041. ENHANCEMENT OF LONG-TERM CARE.
``(a) Grants and Incentives for Long-Term Care Staffing.--
``(1) In general.--The Secretary shall carry out
activities, including activities described in paragraphs (2)
and (3), to provide incentives for individuals to train for,
seek, and maintain employment providing direct care in a long-
term care facility.
``(2) Specific programs to enhance training, recruitment,
and retention of staff.--
``(A) Coordination with secretary of labor to
recruit and train long-term care staff.--The Secretary
shall coordinate activities under this subsection with
the Secretary of Labor in order to provide incentives
for individuals to train for and seek employment
providing direct care in a long-term care facility.
``(B) Career ladders and wage or benefit increases
to increase staffing in long-term care facilities.--
``(i) In general.--The Secretary shall make
grants to long-term care facilities to carry
out programs through which the facilities--
``(I) offer, to employees who
provide direct care to residents of a
long-term care facility, continuing
training and varying levels of
certification, based on observed
clinical care practices and the amount
of time the employees spend providing
direct care; and
``(II) provide, or make
arrangements to provide, bonuses or
other increased compensation or
benefits to employees who achieve
certification under such a program.
``(ii) Application.--To be eligible to
receive a grant under this subparagraph, a
long-term care facility shall submit an
application to the Secretary at such time, in
such manner, and containing such information as
the Secretary may require (which may include
evidence of consultation with the State in
which the long-term care facility is located
with respect to carrying out activities funded
under the grant).
``(iii) Authority to limit number of
applicants.--Nothing in this subparagraph shall
be construed as prohibiting the Secretary from
limiting the number of applicants for a grant
under this subparagraph.
``(3) Specific programs to improve management practices.--
``(A) In general.--The Secretary shall make grants
to long-term care facilities to enable the facilities
to provide training and technical assistance to
eligible employees.
``(B) Authorized activities.--A long-term care
facility that receives a grant under subparagraph (A)
shall use funds made available through the grant to
provide training and technical assistance to eligible
employees regarding management practices using methods
that are demonstrated to promote retention of
individuals who provide direct care to residents of the
long-term care facility, such as--
``(i) the establishment of standard human
resource policies that reward high performance,
including policies that provide for improved
wages and benefits on the basis of job reviews;
``(ii) the establishment of motivational
and thoughtful work organization practices;
``(iii) the creation of a workplace culture
that respects and values caregivers and their
needs;
``(iv) the promotion of a workplace culture
that respects the rights of residents of a
long-term care facility and results in improved
care for the residents; and
``(v) the establishment of other programs
that promote the provision of high quality
care, such as a continuing education program
that provides additional hours of training,
including on-the-job training, for employees
who are certified nurse aides.
``(C) Application.--To be eligible to receive a
grant under this paragraph, a long-term care facility
shall submit an application to the Secretary at such
time, in such manner, and containing such information
as the Secretary may require (which may include
evidence of consultation with the State in which the
long-term care facility is located with respect to
carrying out activities funded under the grant).
``(D) Authority to limit number of applicants.--
Nothing in this paragraph shall be construed as
prohibiting the Secretary from limiting the number of
applicants for a grant under this paragraph.
``(E) Eligible employee defined.--In this
paragraph, the term `eligible employee' means an
individual who establishes or implements management
practices applicable with respect to individuals who
provide direct care to residents of a long-term care
facility and includes administrators, directors of
nursing, staff developers, and charge nurses.
``(4) Accountability measures.--The Secretary shall develop
accountability measures to ensure that the activities conducted
using funds made available under this subsection benefit
eligible employees and increase the stability of the long-term
care workforce.
``(b) Informatics Systems Grant Program.--
``(1) Grants authorized.--The Secretary is authorized to
make grants to long-term care facilities for the purpose of
assisting such entities in offsetting the costs related to
purchasing, leasing, developing, and implementing standardized
clinical health care informatics systems designed to improve
patient safety and reduce adverse events and health care
complications resulting from medication errors.
``(2) Use of grant funds.--Funds provided under grants
under this subsection may be used for any of the following:
``(A) Purchasing, leasing, and installing computer
software and hardware, including handheld computer
technologies.
``(B) Making improvements to existing computer
software and hardware.
``(C) Making upgrades and other improvements to
existing computer software and hardware to enable e-
prescribing.
``(D) Providing education and training to eligible
long-term care facility staff on the use of technology
to implement the electronic transmission of
prescription and patient information.
``(3) Application.--To be eligible to receive a grant under
this subsection, a long-term care facility shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may require (which
may include evidence of consultation with the State in which
the long-term care facility is located with respect to carrying
out activities funded under the grant).
``(4) Authority to limit number of applicants.--Nothing in
this subsection shall be construed as prohibiting the Secretary
from limiting the number of applicants for a grant under this
subsection.
``(5) Accountability measures.--The Secretary shall develop
accountability measures to ensure that the activities conducted
using funds made available under this subsection help improve
patient safety and reduce adverse events and health care
complications resulting from medication errors.
``(c) Inclusion of Adjudicated Crimes on Nursing Home Compare
Website.--Not later than 1 year after the date of enactment of the
Elder Justice Act, the Secretary shall ensure that the Department of
Health and Human Services includes, as part of the information provided
for comparison of nursing facilities on the official Internet website
of the Federal Government for Medicare beneficiaries (commonly referred
to as the `Nursing Home Compare' Medicare website), the number of
adjudicated instances of criminal violations by a nursing facility or
crimes committed by an employee of a nursing facility--
``(1) that were committed inside of the facility; and
``(2) with respect to such instances of violations or
crimes committed outside of the facility, that were the
violations or crimes of elder abuse, neglect, and exploitation,
criminal sexual abuse of an elder, or other violations or
crimes that resulted in the serious bodily injury of an elder.
``(d) Development of Consumer Rights Information Page on Nursing
Home Compare Website.--Not later than 1 year after the date of
enactment of the Elder Justice Act, the Secretary shall ensure that the
Department of Health and Human Services, as part of the information
provided for comparison of nursing facilities on the Nursing Home
Compare Medicare website develops and includes a consumer rights
information page that contains links to descriptions of, and
information with respect to, the following:
``(1) The documentation on nursing facilities that is
available to the public.
``(2) General information and tips on choosing a nursing
facility that meets the needs of the individual.
``(3) General information on consumer rights with respect
to nursing facilities.
``(4) The nursing facility survey process (on a national
and State-specific basis).
``(5) On a State-specific basis, the services available
through the State long-term care ombudsman for such State.
``(e) Development and Adoption of Standards for Transactions
Involving Clinical Data by Long-Term Care Facilities.--
``(1) Standards.--The Secretary shall develop and adopt
uniform open electronic standards for transactions involving
clinical data by long-term care facilities. Such standards
shall include messaging and nomenclature standards.
``(2) Compatibility with other standards.--The standards
developed and adopted under paragraph (1) shall be compatible
with standards established under part C of title XI, standards
established under subsections (b)(2)(B)(i) and (e)(4) of
section 1860D-4, and with general health information technology
standards.
``(3) Electronic submission of data to the secretary.--
``(A) In general.--Not later than 10 years after
the date of enactment of the Elder Justice Act, the
Secretary shall have procedures in place to accept the
optional electronic submission of clinical data by
long-term care facilities pursuant to the standards
developed and adopted under paragraph (1).
``(B) Rule of construction.--Nothing in this
subsection shall be construed to require a long-term
care facility to submit clinical data electronically to
the Secretary.
``(f) Regulations.--The Secretary shall promulgate regulations to
carry out subsections (c), (d), and (e) of this section. Such
regulations shall require a State, as a condition of the receipt of
funds under this part, to conduct such data collection and reporting as
the Secretary determines are necessary to satisfy the requirements of
such subsections.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) for fiscal year 2008, $20,000,000;
``(2) for fiscal year 2009, $17,500,000; and
``(3) for each of fiscal years 2010 and 2011, $15,000,000.
``SEC. 2042. ADULT PROTECTIVE SERVICES FUNCTIONS AND GRANT PROGRAMS.
``(a) Secretarial Responsibilities.--
``(1) In general.--The Secretary shall ensure that the
Department of Health and Human Services--
``(A) provides funding authorized by this subpart
to State and local adult protective services offices
that investigate reports of the abuse, neglect, and
exploitation of elders;
``(B) collects and disseminates data annually
relating to the abuse, exploitation, and neglect of
elders in coordination with the Department of Justice;
``(C) develops and disseminates information on best
practices regarding, and provides training on, carrying
out adult protective services;
``(D) conducts research related to the provision of
adult protective services; and
``(E) provides technical assistance to States and
other entities that provide or fund the provision of
adult protective services, including through grants
made under subsections (b) and (c).
``(2) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection,
$3,000,000 for fiscal year 2008 and $4,000,000 for each of
fiscal years 2009 through 2011.
``(b) Grants to Enhance the Provision of Adult Protective
Services.--
``(1) Establishment.--There is established an adult
protective services grant program under which the Secretary
shall annually award grants to States in the amounts calculated
under paragraph (2) for the purposes of enhancing adult
protective services provided by States and local units of
government.
``(2) Amount of payment.--
``(A) In general.--Subject to the availability of
appropriations and subparagraphs (B) and (C), the
amount paid to a State for a fiscal year under the
program under this subsection shall equal the amount
appropriated for that year to carry out this subsection
multiplied by the percentage of the total number of
elders who reside in the United States who reside in
that State.
``(B) Guaranteed minimum payment amount.--
``(i) 50 states.--Subject to clause (ii),
if the amount determined under subparagraph (A)
for a State for a fiscal year is less than 0.75
percent of the amount appropriated for such
year, the Secretary shall increase such
determined amount so that the total amount paid
under this subsection to the State for the year
is equal to 0.75 percent of the amount so
appropriated.
``(ii) Territories.--In the case of a State
other than 1 of the 50 States, clause (i) shall
be applied as if each reference to `0.75' were
a reference to `0.1'.
``(C) Pro rata reductions.--The Secretary shall
make such pro rata reductions to the amounts described
in subparagraph (A) as are necessary to comply with the
requirements of subparagraph (B).
``(3) Authorized activities.--
``(A) Adult protective services.--Funds made
available pursuant to this subsection may only be used
by States and local units of government to provide
adult protective services and may not be used for any
other purpose.
``(B) Use by agency.--Each State receiving funds
pursuant to this subsection shall provide such funds to
the agency or unit of State government having legal
responsibility for providing adult protective services
within the State.
``(C) Supplement not supplant.--Each State or local
unit of government shall use funds made available
pursuant to this subsection to supplement and not
supplant other Federal, State, and local public funds
expended to provide adult protective services in the
State.
``(4) State reports.--Each State receiving funds under this
subsection shall submit to the Secretary, at such time and in
such manner as the Secretary may require, a report on the
number of elders served by the grants awarded under this
subsection.
``(5) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection,
$100,000,000 for each of fiscal years 2008 through 2011.
``(c) State Demonstration Programs.--
``(1) Establishment.--The Secretary shall award grants to
States for the purposes of conducting demonstration programs in
accordance with paragraph (2).
``(2) Demonstration programs.--Funds made available
pursuant to this subsection may be used by States and local
units of government to conduct demonstration programs that
test--
``(A) training modules developed for the purpose of
detecting or preventing elder abuse;
``(B) methods to detect or prevent financial
exploitation of elders;
``(C) methods to detect elder abuse;
``(D) whether training on elder abuse forensics
enhances the detection of elder abuse by employees of
the State or local unit of government; or
``(E) other matters relating to the detection or
prevention of elder abuse.
``(3) Application.--To be eligible to receive a grant under
this subsection, a State shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require.
``(4) State reports.--Each State that receives funds under
this subsection shall submit a report to the Secretary at such
time, in such manner, and containing such information as the
Secretary may require on the results of the demonstration
program conducted by the State using funds made available under
this subsection.
``(5) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection,
$25,000,000 for each of fiscal years 2008 through 2011.
``SEC. 2043. LONG-TERM CARE OMBUDSMAN PROGRAM GRANTS AND TRAINING.
``(a) Grants to Support the Long-Term Care Ombudsman Program.--
``(1) In general.--The Secretary shall make grants to
eligible entities with relevant expertise and experience in
abuse and neglect in long-term care facilities or long-term
care ombudsman programs and responsibilities, for the purpose
of--
``(A) improving the capacity of State long-term
care ombudsman programs to respond to and resolve
complaints about abuse and neglect;
``(B) conducting pilot programs with State long-
term care ombudsman offices or local ombudsman
entities; and
``(C) providing support for such State long-term
care ombudsman programs and such pilot programs (such
as through the establishment of a national long-term
care ombudsman resource center).
``(2) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection--
``(A) for fiscal year 2008, $5,000,000;
``(B) for fiscal year 2009, $7,500,000; and
``(C) for each of fiscal years 2010 and 2011,
$10,000,000.
``(b) Ombudsman Training Programs.--
``(1) In general.--The Secretary shall establish programs
to provide and improve ombudsman training with respect to elder
abuse, neglect, and exploitation for national organizations and
State long-term care ombudsman programs.
``(2) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection, for
each of fiscal years 2008 through 2011, $10,000,000.
``SEC. 2044. PROVISION OF INFORMATION REGARDING, AND EVALUATIONS OF,
ELDER JUSTICE PROGRAMS.
``(a) Provision of Information.--To be eligible to receive a grant
under this part, an applicant shall agree--
``(1) except as provided in paragraph (2), to provide the
eligible entity conducting an evaluation under subsection (b)
of the activities funded through the grant with such
information as the eligible entity may require in order to
conduct such evaluation; or
``(2) in the case of an applicant for a grant under section
2041(b), to provide the Secretary with such information as the
Secretary may require to conduct an evaluation or audit under
subsection (c).
``(b) Use of Eligible Entities To Conduct Evaluations.--
``(1) Evaluations required.--Except as provided in
paragraph (2), the Secretary shall--
``(A) reserve a portion (not less than 2 percent)
of the funds appropriated with respect to each program
carried out under this part; and
``(B) use the funds reserved under subparagraph (A)
to provide assistance to eligible entities to conduct
evaluations of the activities funded under each program
carried out under this part.
``(2) Informatics systems grant program not included.--The
provisions of this subsection shall not apply to the
informatics systems grant program under section 2041(b).
``(3) Authorized activities.--A recipient of assistance
described in paragraph (1)(B) shall use the funds made
available through the assistance to conduct a validated
evaluation of the effectiveness of the activities funded under
a program carried out under this part.
``(4) Applications.--To be eligible to receive assistance
under paragraph (1)(B), an entity shall submit an application
to the Secretary at such time, in such manner, and containing
such information as the Secretary may require, including a
proposal for the evaluation.
``(5) Reports.--Not later than a date specified by the
Secretary, an eligible entity receiving assistance under
paragraph (1)(B) shall submit to the Secretary, the Committee
on Ways and Means and the Committee on Energy and Commerce of
the House of Representatives, and the Committee on Finance of
the Senate a report containing the results of the evaluation
conducted using such assistance together with such
recommendations as the entity determines to be appropriate.
``(c) Evaluations and Audits of Informatics Systems Grant Program
by the Secretary.--
``(1) Evaluations.--The Secretary shall conduct an
evaluation of the activities funded under the informatics
systems grant program under section 2041(b). Such evaluation
shall include an evaluation of whether the funding provided
under the grant is expended only for the purposes for which it
is made.
``(2) Audits.--The Secretary shall conduct appropriate
audits of grants made under section 2041(b).
``SEC. 2045. REPORT.
``Not later than October 1, 2011, the Secretary shall submit to the
Elder Justice Coordinating Council, the Committee on Ways and Means and
the Committee on Energy and Commerce of the House of Representatives,
and the Committee on Finance of the Senate a report--
``(1) compiling, summarizing, and analyzing the information
contained in the State reports submitted under subsections
(b)(4) and (c)(4) of section 2042; and
``(2) containing such recommendations for legislative or
administrative action as the Secretary determines to be
appropriate.''.
(2) Option for state plan under program for temporary
assistance for needy families.--
(A) In general.--Section 402(a)(1)(B) of the Social
Security Act (42 U.S.C. 602(a)(1)(B)) is amended by
adding at the end the following new clause:
``(v) The document shall indicate whether
the State intends to assist individuals to
train for, seek, and maintain employment--
``(I) providing direct care in a
long-term care facility (as such terms
are defined under section 2011); or
``(II) in other occupations related
to elder care determined appropriate by
the State for which the State
identifies an unmet need for service
personnel,
and, if so, shall include an overview of such
assistance.''.
(B) Effective date.--The amendment made by
subparagraph (A) shall take effect on October 1, 2008.
(b) Protecting Residents of Long-Term Care Facilities.--
(1) National training institute for surveyors.--
(A) In general.--The Secretary of Health and Human
Services shall enter into a contract with an entity for
the purpose of establishing and operating a National
Training Institute for Federal and State surveyors.
Such Institute shall provide and improve the training
of surveyors with respect to investigating allegations
of abuse, neglect, and misappropriation of property in
programs and long-term care facilities that receive
payments under title XVIII or XIX of the Social
Security Act.
(B) Activities carried out by the institute.--The
contract entered into under subparagraph (A) shall
require the Institute established and operated under
such contract to carry out the following activities:
(i) Assess the extent to which State
agencies use specialized surveyors for the
investigation of reported allegations of abuse,
neglect, and misappropriation of property in
such programs and long-term care facilities.
(ii) Evaluate how the competencies of
surveyors may be improved to more effectively
investigate reported allegations of such abuse,
neglect, and misappropriation of property, and
provide feedback to Federal and State agencies
on the evaluations conducted.
(iii) Provide a national program of
training, tools, and technical assistance to
Federal and State surveyors on investigating
reports of such abuse, neglect, and
misappropriation of property.
(iv) Develop and disseminate information on
best practices for the investigation of such
abuse, neglect, and misappropriation of
property.
(v) Assess the performance of State
complaint intake systems, in order to ensure
that the intake of complaints occurs 24 hours
per day, 7 days a week (including holidays).
(vi) To the extent approved by the
Secretary of Health and Human Services, provide
a national 24 hours per day, 7 days a week
(including holidays), back-up system to State
complaint intake systems in order to ensure
optimum national responsiveness to complaints
of such abuse, neglect, and misappropriation of
property.
(vii) Analyze and report annually on the
following:
(I) The total number and sources of
complaints of such abuse, neglect, and
misappropriation of property.
(II) The extent to which such
complaints are referred to law
enforcement agencies.
(III) General results of Federal
and State investigations of such
complaints.
(viii) Conduct a national study of the cost
to State agencies of conducting complaint
investigations of skilled nursing facilities
and nursing facilities under sections 1819 and
1919, respectively, of the Social Security Act
(42 U.S.C. 1395i-3; 1396r), and making
recommendations to the Secretary of Health and
Human Services with respect to options to
increase the efficiency and cost-effectiveness
of such investigations.
(C) Authorization.--There are authorized to be
appropriated to carry out this paragraph, for the
period of fiscal years 2008 through 2011, $12,000,000.
(2) Grants to state survey agencies.--
(A) In general.--The Secretary of Health and Human
Services shall make grants to State agencies that
perform surveys of skilled nursing facilities or
nursing facilities under sections 1819 or 1919,
respectively, of the Social Security Act (42 U.S.C.
1395i-3; 1395r).
(B) Use of funds.--A grant awarded under
subparagraph (A) shall be used for the purpose of
designing and implementing complaint investigations
systems that--
(i) promptly prioritize complaints in order
to ensure a rapid response to the most serious
and urgent complaints;
(ii) respond to complaints with optimum
effectiveness and timeliness; and
(iii) optimize the collaboration between
local authorities, consumers, and providers,
including--
(I) such State agency;
(II) the State Long-Term Care
Ombudsman;
(III) local law enforcement
agencies;
(IV) advocacy and consumer
organizations;
(V) State aging units;
(VI) Area Agencies on Aging; and
(VII) other appropriate entities.
(C) Authorization.--There are authorized to be
appropriated to carry out this paragraph, for each of
fiscal years 2008 through 2011, $5,000,000.
(3) Reporting of crimes and ensuring safety of residents
when federally funded long-term care facilities close.--Part A
of title XI of the Social Security Act (42 U.S.C. 1301 et seq.)
is amended by adding at the end the following new sections:
``reporting to law enforcement of crimes occurring in federally funded
long-term care facilities
``Sec. 1150A. (a) Determination and Notification.--
``(1) Determination.--The owner or operator of each long-
term care facility that receives Federal funds under this Act
shall annually determine whether the facility received at least
$10,000 in such Federal funds during the preceding year.
``(2) Notification.--If the owner or operator determines
under paragraph (1) that the facility received at least $10,000
in such Federal funds during the preceding year, such owner or
operator shall annually notify each covered individual (as
defined in paragraph (3)) of that individual's obligation to
comply with the reporting requirements described in subsection
(b).
``(3) Covered individual defined.--In this section, the
term `covered individual' means each individual who is an
owner, operator, employee, manager, agent, or contractor of a
long-term care facility that is the subject of a determination
described in paragraph (1).
``(b) Reporting Requirements.--
``(1) In general.--Each covered individual shall report to
the Secretary and 1 or more law enforcement entities for the
political subdivision in which the facility is located any
reasonable suspicion of a crime (as defined by the law of the
applicable political subdivision) against any individual who is
a resident of, or is receiving care from, the facility.
``(2) Timing.--If the events that cause the suspicion--
``(A) result in serious bodily injury, the
individual shall report the suspicion immediately, but
not later than 2 hours after forming the suspicion; and
``(B) do not result in serious bodily injury, the
individual shall report the suspicion not later than 24
hours after forming the suspicion.
``(c) Penalties.--
``(1) In general.--If a covered individual violates
subsection (b)--
``(A) the covered individual shall be subject to a
civil money penalty of not more than $200,000; or
``(B) the Secretary shall classify the covered
individual as an excluded individual, for a period of
not more than 3 years.
``(2) Increased harm.--If a covered individual violates
subsection (b) and the violation exacerbates the harm to the
victim of the crime or results in harm to another individual--
``(A) the covered individual shall be subject to a
civil money penalty of not more than $300,000; and
``(B) the Secretary shall classify the covered
individual as an excluded individual, for a period of
not more than 3 years.
``(3) Excluded individual.--During any period for which a
covered individual is classified as an excluded individual
under paragraph (1)(B) or (2)(B), a long-term care facility
that employs such individual shall be ineligible to receive
Federal funds under this Act.
``(4) Extenuating circumstances.--
``(A) In general.--The Secretary may take into
account the financial burden on providers with
underserved populations in determining any penalty to
be imposed under this subsection.
``(B) Underserved population defined.--In this
paragraph, the term `underserved population' means the
population of an area designated by the Secretary as an
area with a shortage of elder justice programs or a
population group designated by the Secretary as having
a shortage of such programs. Such areas or groups
designated by the Secretary may include--
``(i) areas or groups that are
geographically isolated (such as isolated in a
rural area);
``(ii) racial and ethnic minority
populations; and
``(iii) populations underserved because of
special needs (such as language barriers,
disabilities, alien status, or age).
``(d) Additional Penalties for Retaliation.--
``(1) In general.--A long-term care facility may not--
``(A) discharge, demote, suspend, threaten, harass,
or deny a promotion or other employment-related benefit
to an employee, or in any other manner discriminate
against an employee in the terms and conditions of
employment because of lawful acts done by the employee;
or
``(B) file a complaint or a report against a nurse
or other employee with the appropriate State
professional disciplinary agency because of lawful acts
done by the nurse or employee,
for making a report, causing a report to be made, or for taking
steps in furtherance of making a report pursuant to subsection
(b)(1).
``(2) Penalties for retaliation.--If a long-term care
facility violates subparagraph (A) or (B) of paragraph (1) the
facility shall be subject to a civil money penalty of not more
than $200,000 or the Secretary may classify the entity as an
excluded entity for a period of 2 years pursuant to section
1128(b), or both.
``(3) Requirement to post notice.--Each long-term care
facility shall post conspicuously in an appropriate location a
sign (in a form specified by the Secretary) specifying the
rights of employees under this section. Such sign shall include
a statement that an employee may file a complaint with the
Secretary against a long-term care facility that violates the
provisions of this subsection and information with respect to
the manner of filing such a complaint.
``(e) Procedure.--The provisions of section 1128A (other than
subsections (a) and (b) and the second sentence of subsection (f))
shall apply to a civil money penalty under this section in the same
manner as such provisions apply to a penalty or proceeding under
section 1128A(a).
``(f) Definitions.--In this section, the terms `elder justice',
`long-term care facility', and `law enforcement' have the meanings
given those terms in section 2011.
``ensuring safety of residents when federally funded long-term care
facilities close
``Sec. 1150B. (a) In General.--
``(1) Notification of facility closure.--Subject to
paragraph (2), if the owner or operator determines under
section 1150A(a)(1) that a long-term care facility received at
least $10,000 in Federal funds under this Act during the
preceding year, the owner or operator of the facility shall--
``(A) submit to the Secretary and the appropriate
State regulatory agency written notification of an
impending closure not later than the date that is 60
days prior to the date of such closure;
``(B) include in the notice a plan for the transfer
and adequate relocation of the residents of the
facility prior to closure, including assurances that
the residents will be transferred to the most
appropriate facility in terms of quality, services, and
location; and
``(C) not later than 10 days after the facility
closure, submit to the Secretary and the appropriate
State agency information identifying where residents of
the closed facility were transferred and on what date.
``(2) Exception where the secretary has issued a
termination notice.--In the case of a long-term care facility
described in paragraph (1) for which the Secretary has issued a
termination notice for the facility to close by not later than
15 days after the issuance of such notice, the Secretary shall
establish requirements for the notification, transfer, and
adequate relocation of residents within an appropriate
timeframe.
``(b) Sanctions.--Any person owning or operating a long-term care
facility that fails to comply with the requirements of subsection (a)
shall be subject to--
``(1) a civil monetary penalty of up to $1,000,000;
``(2) exclusion from participation in the programs under
this Act (in accordance with the procedures of section 1128);
and
``(3) any other applicable civil monetary penalties and
assessments.
``(c) Procedure.--The provisions of section 1128A (other than
subsections (a) and (b) and the second sentence of subsection (f))
shall apply to a civil money penalty or assessment under this section
in the same manner as such provisions apply to a penalty or proceeding
under section 1128A(a).
``(d) Definition.--In this section, the term `long-term care
facility' has the meaning given that term in section 2011.''.
(4) Report to congress on pilot program for national and
state background checks on direct patient access employees of
long-term care facilities or providers.--Not later than the
date that is 6 months after the completion of the pilot program
for national and State background checks on direct patient
access employees of long-term care facilities or providers
established under section 307 of the Medicare Prescription
Drug, Improvement, and Modernization Act of 2003 (42 U.S.C.
1395aa note), the Secretary shall submit to the Committee on
Finance of the Senate and the Committee on Ways and Means and
the Committee on Energy and Commerce of the House of
Representatives a report containing the results of the
evaluation required under subsection (e) of such section of
such Act, together with recommendations for such legislation
and administrative action as the Secretary determines
appropriate.
(c) National Nurse Aide Registry.--
(1) Definition of nurse aide.--In this subsection, the term
``nurse aide'' has the meaning given that term in sections
1819(b)(5)(F) and 1919(b)(5)(F) of the Social Security Act (42
U.S.C. 1395i-3(b)(5)(F); 1396r(b)(5)(F)).
(2) Study and report.--
(A) In general.--The Secretary, in consultation
with appropriate government agencies and private sector
organizations, shall conduct a study on establishing a
national nurse aide registry.
(B) Areas evaluated.--The study conducted under
this subsection shall include an evaluation of--
(i) who should be included in the registry;
(ii) how such a registry would comply with
Federal and State privacy laws and regulations;
(iii) how data would be collected for the
registry;
(iv) what entities and individuals would
have access to the data collected;
(v) how the registry would provide
appropriate information regarding violations of
Federal and State law by individuals included
in the registry;
(vi) how the functions of a national nurse
aide registry would be coordinated with the
pilot program for national and State background
checks on direct patient access employees of
long-term care facilities or providers
established under section 307 of the Medicare
Prescription Drug, Improvement, and
Modernization Act of 2003 (Public Law 108-173);
and
(vii) how the information included in State
nurse aide registries developed and maintained
under sections 1819(e)(2) and 1919(e)(2) of the
Social Security Act (42 U.S.C. 1395i-3(e)(2);
1396r(e)(2)(2)) would be provided as part of a
national nurse aide registry.
(C) Considerations.--In conducting the study and
preparing the report required under this subsection,
the Secretary shall take into consideration the
findings and conclusions of relevant reports and other
relevant resources, including the following:
(i) The Department of Health and Human
Services Office of Inspector General Report,
Nurse Aide Registries: State Compliance and
Practices (February 2005).
(ii) The General Accounting Office (now
known as the Government Accountability Office)
Report, Nursing Homes: More Can Be Done to
Protect Residents from Abuse (March 2002).
(iii) The Department of Health and Human
Services Office of the Inspector General
Report, Nurse Aide Registries: Long-Term Care
Facility Compliance and Practices (July 2005).
(iv) The Department of Health and Human
Services Health Resources and Services
Administration Report, Nursing Aides, Home
Health Aides, and Related Health Care
Occupations--National and Local Workforce
Shortages and Associated Data Needs (2004)(in
particular with respect to chapter 7 and
appendix F).
(v) The 2001 Report to CMS from the School
of Rural Public Health, Texas A&M University,
Preventing Abuse and Neglect in Nursing Homes:
The Role of Nurse Aide Registries.
(vi) Information included in State nurse
aide registries developed and maintained under
sections 1819(e)(2) and 1919(e)(2) of the
Social Security Act (42 U.S.C. 1395i-3(e)(2);
1396r(e)(2)(2)).
(D) Report.--Not later than 18 months after the
date of enactment of this Act, the Secretary shall
submit a report to the Elder Justice Coordinating
Council, the Committee on Finance of the Senate, and
the Committee on Ways and Means and the Committee on
Energy and Commerce of the House of Representatives
containing the findings and recommendations of the
study conducted under this paragraph.
(E) Funding limitation.--Funding for the study
conducted under this subsection shall not exceed
$500,000.
(3) Congressional action.--After receiving the report
submitted by the Secretary under paragraph (2)(D), the
Committee on Finance of the Senate and the Committee on Ways
and Means and the Committee on Energy and Commerce of the House
of Representatives shall, as they deem appropriate, take action
based on the recommendations contained in the report.
(4) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary for the purpose
of carrying out this subsection.
(d) Conforming Amendments.--
(1) Title xx.--Title XX of the Social Security Act (42
U.S.C. 1397 et seq.), as amended by section 102(a), is
amended--
(A) in the heading of section 2001, by striking
``title'' and inserting ``part''; and
(B) in part A, by striking ``this title'' each
place it appears and inserting ``this part''.
(2) Title iv.--Title IV of the Social Security Act (42
U.S.C. 601 et seq.) is amended--
(A) in section 404(d)--
(i) in paragraph (1)(A), by striking
``Title'' and inserting ``Part A of title'';
(ii) in paragraphs (2)(A) and (3)(B), by
inserting ``part A of'' before ``title XX''
each place it appears;
(iii) in the heading of paragraph (2), by
inserting ``part a of'' before ``title xx'';
and
(iv) in the heading of paragraph (3)(B), by
inserting ``part a of'' before ``title xx'';
and
(B) in sections 422(b), 471(a)(4), 472(h)(1), and
473(b)(2), by inserting ``part A of'' before ``title
XX'' each place it appears.
(3) Title xi.--Title XI of the Social Security Act (42
U.S.C. 1301 et seq.) is amended--
(A) in section 1128(h)(3)--
(i) by inserting ``part A of'' before
``title XX''; and
(ii) by striking ``such title'' and
inserting ``such part''; and
(B) in section 1128A(i)(1), by inserting ``part A
of'' before ``title XX''.
TITLE II--DEPARTMENT OF JUSTICE
SEC. 201. MODEL STATE LAWS AND PRACTICES.
(a) In General.--The Attorney General, after consultation with the
Secretary of Health and Human Services, shall carry out the following
duties:
(1) Study.--Conduct a study of State laws and practices
relating to elder abuse, neglect, and exploitation.
(2) Report to elder justice resource center.--Prepare and
submit a report or periodic reports containing the findings of
the study conducted under paragraph (1) to the Elder Justice
Coordinating Council and the Advisory Board of Elder Abuse,
Neglect, and Exploitation (established under Title XX of the
Social Security Act (42 U.S.C. 1397 et seq.), as amended by
this Act). Such report or reports shall be made available to
the public.
(3) Report to congress.--Not later than 2 years after the
date of enactment of this Act, submit to the Chairman and
Ranking Member of the Special Committee on Aging of the Senate,
and the Speaker and Minority leader of the House of
Representatives, a report that contains--
(A) a comprehensive description of State laws and
practices relating to elder abuse, neglect, and
exploitation;
(B) a comprehensive analysis of the effectiveness
of such State laws and practices; and
(C) recommendations--
(i) for model State laws and practices
relating to elder abuse, neglect, and
exploitation; and
(ii) with respect to the definitions
referred to in subsection (b)(1).
(b) State Laws and Practices.--In conducting the study under
subsection (a), the Attorney General shall examine State laws and
practices on issues including--
(1) the definition of--
(A) ``elder'';
(B) ``abuse'';
(C) ``neglect'';
(D) ``exploitation''; and
(E) such related terms the Attorney General
determines to be appropriate;
(2) mandatory reporting laws, with respect to--
(A) who is a mandated reporter;
(B) to whom must they report and within what time
frame; and
(C) any consequences for not reporting;
(3) evidentiary, procedural, sentencing, choice of
remedies, and data retention issues relating to pursuing cases
relating to elder abuse, neglect, and exploitation;
(4) laws requiring immediate reporting of all nursing home
deaths to the county coroner or to some other individual or
entity;
(5) fiduciary laws, including guardianship and power of
attorney laws;
(6) laws that permit or encourage banks and bank employees
to prevent and report suspected elder abuse, neglect, and
exploitation;
(7) laws that may impede research on elder abuse, neglect,
and exploitation;
(8) practices relating to the enforcement of laws relating
to elder abuse, neglect, and exploitation; and
(9) practices relating to other aspects of elder justice.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $1,000,000 for fiscal year 2008; and
(2) $2,000,000 for each of the fiscal years 2009 through
2014.
SEC. 202. ELDER JUSTICE PLAN AND STRATEGY.
(a) Duties of the Attorney General.--The Attorney General shall--
(1) develop objectives, priorities, policies, and a long-
term plan for elder justice programs and activities relating to
prevention, detection, training, treatment, evaluation,
intervention, research, and improvement of the elder justice
system in the United States;
(2) implement the overall policies and a strategy to carry
out the plan described in paragraph (1);
(3) hire personnel to assist in carrying out the policies,
programs, and administrative activities related to the duties
under paragraphs (1) and (2); and
(4) coordinate activities with the Elder Justice
Coordinating Council and the Advisory Board of Elder Abuse,
Neglect, and Exploitation (established under Title XX of the
Social Security Act (42 U.S.C. 1397 et seq.), as amended by
this Act).
(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $3,000,000 for each of the
fiscal years 2008 through 2014.
SEC. 203. VICTIM ADVOCACY GRANTS.
(a) Grants Authorized.--The Attorney General, after consultation
with the Secretary of Health and Human Services, may award grants to
eligible entities to study the special needs of victims of elder abuse,
neglect, and exploitation.
(b) Authorized Activities.--Funds awarded pursuant to subsection
(a) shall be used for pilot programs that--
(1) develop programs, provide training to health care,
social, and protective services providers, law enforcement,
fiduciaries (including guardians), judges and court personnel,
and victim advocates; and
(2) examine special approaches designed to meet the needs
of victims of elder abuse, neglect, and exploitation.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $2,500,000 for fiscal year 2008; and
(2) $3,000,000 for each of the fiscal years 2009 through
2014.
SEC. 204. SUPPORTING LOCAL PROSECUTORS IN ELDER JUSTICE MATTERS.
(a) Grants Authorized.--The Attorney General, after consultation
with the Secretary of Health and Human Services, shall award grants to
provide training, technical assistance, policy development,
multidisciplinary coordination, and other types of support to local
prosecutors handling elder justice-related cases, including--
(1) funding specially designated elder justice positions or
units; or
(2) funding the creation of a Center for the Prosecution of
Elder Abuse, Neglect, and Exploitation by the American
Prosecutor Research Institute of the National District
Attorneys Association, or any other similarly situated entity,
to advise and support local prosecutors nationwide in their
pursuit of cases involving elder abuse, neglect, and
exploitation.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $3,000,000 for fiscal year 2008; and
(2) $4,00,000 for each of the fiscal years 2009 through
2014.
SEC. 205. SUPPORTING STATE PROSECUTORS IN ELDER JUSTICE MATTERS.
(a) In General.--The Attorney General shall, after consultation
with the Secretary of Health and Human Services, award grants to
provide training, technical assistance, multidisciplinary coordination,
policy development, and other types of support to State prosecutors,
including employees of State Attorneys General and Medicaid Fraud
Control Units handling elder justice-related matters.
(b) Creating Specialized Positions.--Grants under this section may
be made for--
(1) the establishment of specially designated elder justice
positions or units; or
(2) the creation of a position to coordinate elder justice-
related cases, training, technical assistance, and policy
development for State prosecutors, by the National Association
of Attorneys General or any other similarly situated entity.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $3,000,000 for fiscal year 2008; and
(2) $4,000,000 for each of the fiscal years 2009 through
2014.
SEC. 206. INCREASED SUPPORT FOR FEDERAL CASES INVOLVING ELDER JUSTICE.
(a) Support and Assistance.--
(1) In general.--The Attorney General shall establish
procedures to ensure that the Department of Justice dedicates
resources to investigating and prosecuting cases relating to
elder justice.
(2) Additional staff.--The Attorney General shall hire
additional Federal prosecutors and make funding available to
Federal prosecutors to hire nurse-investigators or other
experts needed to identify, assist with, or pursue cases
relating to elder justice.
(3) Resource group.--The Attorney General may fund, through
the Executive Office of United States Attorneys, a Resource
Group to assist prosecutors throughout the Nation in
investigating and prosecuting failure of care and other cases
relating to elder justice matters.
(b) Office of Inspector General.--The Office of Inspector General
of the Department of Health and Human Services shall hire nurse-
investigators and other experts to investigate and pursue failure of
care allegations.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $3,000,000 for fiscal year 2008; and
(2) $4,000,000 for each of the fiscal years 2009 through
2014.
SEC. 207. SUPPORTING LAW ENFORCEMENT IN ELDER JUSTICE MATTERS.
(a) In General.--The Attorney General shall, after consultation
with the Secretary of Health and Human Services, award grants to
provide training, technical assistance, multidisciplinary coordination,
policy development, and other types of support to police, sheriffs,
detectives, public safety officers, corrections personnel, and other
front line law enforcement responders who handle elder justice-related
matters, to fund specially designated elder justice positions or units
designed to support front line law enforcement in elder justice
matters.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $6,000,000 for fiscal year 2008; and
(2) $8,000,000 for each of the fiscal years 2009 through
2014.
SEC. 208. EVALUATIONS.
(a) Grants Under This Title.--
(1) In general.--In carrying out the grant programs under
this title, the Attorney General shall--
(A) require each recipient of a grant to use a
portion of the funds made available through the grant
to conduct a validated evaluation of the effectiveness
of the activities carried out through the grant by such
recipient; or
(B) as the Attorney General considers appropriate,
use a portion of the funds available under this title
for a grant program under this title to provide
assistance to an eligible entity to conduct a validated
evaluation of the effectiveness of the activities
carried out through such grant program by each of the
grant recipients.
(2) Applications.--
(A) Submission.--To be eligible to receive a grant
under this title, an entity shall submit an application
to the Attorney General at such time, in such manner,
and containing such information as the Attorney General
may require, which shall include--
(i) a proposal for the evaluation required
in accordance with paragraph (1)(A); and
(ii) the amount of assistance under
paragraph (1)(B) the entity is requesting, if
any.
(B) Review and assistance.--
(i) In general.--An employee of the
Department of Justice, after consultation with
an employee of the Department of Health and
Human Services and a nongovernmental member of
the Advisory Board of Elder Abuse, Neglect, and
Exploitation (established under Title XX of the
Social Security Act (42 U.S.C. 1397 et seq.),
as amended by this Act) with expertise in
evaluation methodology, shall review each
application described in subparagraph (A) and
determine whether the methodology described in
the proposal under subparagraph (A)(i) is
adequate to gather meaningful information.
(ii) Denial.--If the reviewing employee
determines the methodology described in such
proposal is inadequate, the reviewing employee
shall recommend that the Attorney General deny
the application for the grant, or make
recommendations for how the application should
be amended.
(iii) Notice to applicant.--If the Attorney
General denies the application on the basis of
such proposal, the Attorney General shall
inform the applicant of the reasons the
application was denied, and offer assistance to
the applicant in modifying the proposal.
(b) Other Grants.--The Attorney General shall make grants to
appropriate entities to conduct validated evaluations of grant
activities to reduce elder abuse, neglect, and exploitation that are
funded by Federal funds not provided under this title.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $7,000,000 for each of the
fiscal years 2008 through 2014.
TITLE III--TAX PROVISIONS
SEC. 301. LONG-TERM CARE FACILITY WORKER EMPLOYMENT TAX CREDIT.
(a) Work Opportunity Tax Credit.--
(1) In general.--Section 51(d)(1) of the Internal Revenue
Code of 1986 (relating to members of targeted groups) is
amended by striking ``or'' at the end of subparagraph (H), by
striking the period at the end of subparagraph (I) and
inserting ``or'', and by adding at the end the following:
``(J) a qualified long-term care facility
worker.''.
(2) Qualified long-term care facility worker.--Section
51(d) of such Code is amended by redesignating paragraphs (11)
through (13) as paragraphs (12) through (15), respectively, and
by inserting after paragraph (10) the following:
``(11) Qualified long-term care facility worker.--The term
`qualified long-term care facility worker' means any individual
who--
``(A) is hired by a long-term care facility (as
defined in paragraph (18) of section 2201 of the Social
Security Act); and
``(B) is certified by the designated local agency
as being qualified to provide long-term care (as
defined in paragraph (17) of such section 2201).''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to individuals who begin work for an employer after the date of
the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Ways and Means, and in addition to the Committees on the Judiciary, Energy and Commerce, and Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committees on the Judiciary, Energy and Commerce, and Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committees on the Judiciary, Energy and Commerce, and Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committees on the Judiciary, Energy and Commerce, and Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committees on the Judiciary, Energy and Commerce, and Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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Referred to the Subcommittee on Health.
Referred to the Subcommittee on Health.
Referred to the Subcommittee on Income Security and Family Support.
Referred to the Subcommittee on Healthy Families and Communities.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Subcommittee Consideration and Mark-up Session Held.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee by Voice Vote .
Committee Consideration and Mark-up Session Held.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.